Residential Leasehold Property : Leaseholder Rights

Leaseholder Rights

Your Rights In Relation To The Freeholder

As a leasehold property owner in England and Wales, you have many legal rights. Our specialist solicitors are here to help you with them.

Phone us on 01202 355697 or email us using the contact form below to discuss your legal rights. They include:

  • Right to Buy the Freehold - this is also known as collective enfranchisement. To succeed, it needs at least 50 per cent of the leaseholders to participate. Find out more about it here.
  • Right of First Refusal - if the freeholder/landlord wants to sell their interest, they must usually first offer to sell it to the leaseholders.
  • Right to Extend Your Lease - if you have owned your flat for at least two years, you have the right to a ‘new lease’ on the same terms but with an extended length and a reduction in ground rent to a peppercorn (i.e. virtually nothing at all).
  • Right to Manage (RTM) - if you are unhappy with the management of the building or you and the other leaseholders wish to take control of the management function, you can exercise the right to manage. There is no requirement to prove fault on the part of the existing landlord, managing agent or management company. 
  • Right to Appoint a Manager - this is very similar to the Right to Manage (RTM) but there are a few legal differences. Firstly, there is a requirement to prove fault with an application to appoint a manager. Secondly, RTM can sometimes be unavailable if the building has commercial areas or there is a resident landlord. If RTM is unavailable you should consider the Right to Appoint a Manager.
  • Challenging Service Charges - as an individual leaseholder, you can challenge any service charges you believe are not in accordance with the terms of your lease, unreasonable in amount or unreasonable with regard to the quality of the work done.
  • Restriction on Demands - service charge and administration demands must include certain information and must be accompanied with a summary of rights and obligations in a prescribed form. Ground rent demands must also be in a specific form.
  • Consultation on Major Works (in excess of £250 per leaseholder) and Qualifying Long Term Agreements (agreements of 12 months or more between the freeholder and third parties such as cleaners and gardeners or for a sum in excess of £100 per leaseholder). Leaseholders must be consulted in a particular manner in relation to any major works or qualifying long term agreements.

Get Expert Legal Help From Coles Miller

Worried that that your landlord, managing agent or management company is ignoring your rights as a leaseholder?

Get help from our specialist residential leasehold property solicitors. Email them using the form below or contact our Bournemouth office.

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